28-2-407 . What constitutes undue influence. Undue influence consists of: (1) the use by one in whom a confidence is reposed by another person or who holds a real or apparent authority over the other person of the confidence or authority for the purpose of obtaining an unfair advantage over the other person; (2) taking an unfair advantage of another person's weakness of mind; or (3) taking a grossly oppressive and unfair advantage of another person's necessities or distress.
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